BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB  1410
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          Date of Hearing:   April 30, 2013

                       ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
                                Al Muratsuchi, Chair
           AB 1410 (Committee on Veterans Affairs) - As Introduced:  March  
                                      13, 2013
           
          SUBJECT  :  Courts-Martial Appellate Panel

           SUMMARY  :  Codifies the Courts-Martial Appellate Panel (CMAP) for  
          the California Military Department.  Specifically,  this bill  :  

          1)Provides that:

             a)   The CMAP shall consist of three justices to hear matters  
               described in Section 458.1 of the Military and Veterans  
               Code. 

             b)   The Governor, by general order, shall appoint the three  
               justices who have experience and training in the field of  
               military law. 

             c)   The panel shall conduct itself as a three-justice court.

          2)Mandates that:

             a)   A justice shall not be liable civilly or criminally for  
               any act or acts done by them in the performance of his or  
               her duty, as described in Section 472.

             b)   A justice shall be subject to a code of judicial conduct  
               in accordance with applicable the United States Army and  
               the United States Air Force regulations.

             c)   A justice shall sit for four years upon which his or her  
               appointment shall be terminated or upon acceptance of his  
               or her resignation by the Adjutant General, whichever  
               occurs first.

             d)   A justice shall be paid at the rate of a federal O-6, a  
               military pay grade, only while in session.

             e)   The CMAP may be convened by the President of the United  
               States, the Governor, or the Adjutant General.









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          3)Directs that the CMAP shall have power over the following:

             a)   The issuance of extraordinary writs relative to all  
               matters arising under the following:

               i)     The provisions of the Military and Veterans code.
               ii)    The Uniform Code of Military Justice.
               iii)   Any regulation issued by the Governor pertaining to  
                 members of the California active militia.
               iv)    Court-martial actions pending before any military  
                 judge of the California Military Department.

             b)   Adjudicating appeals of sentences of a court-martial  
               that have been approved by the convening authority, as  
               described in Section 455.1, and which include:

               i)     Dismissal, in the case of a commissioned or warrant  
                 officer.
               ii)    Dishonorable discharge, in the case of an enlisted  
                 man or woman.
               iii)   Bad-conduct discharge, in the case of an enlisted  
                 man or woman.
               iv)    Forfeiture of all pay and allowances.
               v)     Any confinement.

          4)Mandates that the practices and procedures of the CMAP shall  
            follow the federal Manual for Courts-Martial described in  
            Section 102 and the California Manual for Courts-Martial.

          5)Specifies that with regard to any matter adjudicated by the  
            CMAP, the reported decisions of the United States Court of  
            Appeals for the Armed Forces shall have direct precedential  
            authority to such matters unless otherwise directed by the  
            CMAP. 

          6)Directs that the precedential decisions of the CMAP shall be  
            posted in a conspicuous place.

           EXISTING LAW  : 

          1)The California Military Department can prosecute Soldiers and  
            Airmen in accordance with California Military and Veterans  
            Code (MVC), specifically MVC §450 et seq.  

          2)The MVC establishes Summary, Special and General  








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            Courts-Martial.  

          3)The federal courts-martial appeal authority and procedures are  
            statutorily authorized in the federal Uniformed Code of  
            Military Justice (UCMJ), Chapter 47 of Title 10 of the United  
            States Code.  

          4)The Department's appellate court is authorized by a Governor's  
            General Order (GGO) that was issued first by Governor Gray  
            Davis in 2002, followed by an identical GGO issued by Governor  
            Arnold Schwarzenegger in 2007.

           FISCAL EFFECT  :   Unknown at this time.

           COMMENTS  :   A court-martial is a military court that the  
          Department uses approximately seven times per year.  The courts  
          which are explicitly authorized by statute are listed in MVC  
          section 450, and they are: (a) general courts-martial; (b)  
          special courts-martial; (c) summary courts-martial; and (d)  
          courts of inquiry.  It currently provides appeals from  
          Courts-Martial under authority flowing from a GGO issued by  
          Governor Schwarzenegger in 2007.  

          The Department follows the Manual for Courts-Martial.  The CMAP  
          would be similar to the first level of appeals provided for in  
          the UCMJ and the Manual for Courts-Martial.  The justices would  
          be appointed by the Governor for their terms but only convened  
          as necessary to hear appeals.  This bill will not create a  
          standing court.

          Despite GGOs, no explicit statutory authority exists for the  
          CMAP.  Without statutory authority, the legality of the CMAP can  
          be called into question by the defense attorney of a Soldier or  
          Airman convicted by courts-martial.  An appellate court must be  
          established in code to provide Servicemembers with a formalized  
          and legally sufficient appellate process.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None on file.

           Opposition 
           








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          None on file.
           
          Analysis Prepared by  :    John Spangler / V. A. / (916) 319-3550